Kazakhstan - Revision history

Unknown user: /* Appeals */

2022-08-18T07:47:06Z

Appeals

Unknown user: /* Sentencing */

2022-08-18T07:46:21Z

Sentencing

Unknown user: /* Means of Protecting or Enforcing Rights */

2022-08-18T07:43:46Z

Means of Protecting or Enforcing Rights

Unknown user: /* Rights of the Accused */

2022-08-18T07:42:07Z

Rights of the Accused

← Older revision		Revision as of 09:42, 18 August 2022
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	CPCKZ, article 192:		CPCKZ, article 192:

	8. The suspected, the victim shall have the right to appeal against the unjustified delay in the		8. The suspected, the victim shall have the right to appeal against the unjustified delay in the
	investigation and to file a petition to the procurator for establishment of a certain period, during		investigation and to file a petition to the procurator for establishment of a certain period, during
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	Constitution, article 14:		Constitution, article 14:

	1. Everyone shall be equal before the law and court.		1. Everyone shall be equal before the law and court.

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	Constitution, article 77, 3:		Constitution, article 77, 3:

	2) no one may be subjected to repeated criminal or administrative liability for the same offense.		2) no one may be subjected to repeated criminal or administrative liability for the same offense.

	''' Right to a Fair Trial '''		''' Right to a Fair Trial '''

	Also see above right to Due Process.		Also see above right to Due Process.

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	CPCKZ, 322:		CPCKZ, 322:

	4. The main trial shall commence no earlier than three days from the date of notification of the		4. The main trial shall commence no earlier than three days from the date of notification of the
	parties of the place and time of the court hearing and no later than ten days at a reduced order		parties of the place and time of the court hearing and no later than ten days at a reduced order
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	CPCKZ, article 22:		CPCKZ, article 22:

	1. A judge in the administration of justice shall be independent and subject only to the		1. A judge in the administration of justice shall be independent and subject only to the
	Constitution of the Republic of Kazakhstan and the law.		Constitution of the Republic of Kazakhstan and the law.
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	CPCKZ, article 30:		CPCKZ, article 30:

	3. Ensures use of the services of an interpreter and free of charge.		3. Ensures use of the services of an interpreter and free of charge.

Unknown user: /* Rights of the Accused */

2022-08-18T07:39:47Z

Rights of the Accused

← Older revision		Revision as of 09:39, 18 August 2022
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	The Constitution, article 16:		The Constitution, article 16:

	1. Everyone shall have the right to personal freedom.		1. Everyone shall have the right to personal freedom.

Unknown user: /* Rights of the Accused */

2022-08-18T07:39:34Z

Rights of the Accused

← Older revision		Revision as of 09:39, 18 August 2022
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	CPCKZ, article 14:		CPCKZ, article 14:

	3. Any person detained shall be immediately notified of the reason of detention, as well as in the		3. Any person detained shall be immediately notified of the reason of detention, as well as in the
	commission of what offence under the criminal law, he (she) is suspected.		commission of what offence under the criminal law, he (she) is suspected.

	CPCKZ, article 26:		CPCKZ, article 26:

	2. The body, conducting the criminal proceedings shall explain to the suspected, accused their		2. The body, conducting the criminal proceedings shall explain to the suspected, accused their
	rights and provide them the opportunity to defense themselves from suspicion, accusations by all		rights and provide them the opportunity to defense themselves from suspicion, accusations by all

Unknown user: /* Rights of the Accused */

2022-08-18T07:38:49Z

Rights of the Accused

← Older revision		Revision as of 09:38, 18 August 2022
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	The Constitution, article 16:		The Constitution, article 16:
	1. Everyone shall have the right to personal freedom.		1. Everyone shall have the right to personal freedom.

	2. Arrest and detention shall be allowed only in cases stipulated by law and only with the		2. Arrest and detention shall be allowed only in cases stipulated by law and only with the
	authorization of the with the right of appeal.		authorization of the with the right of appeal.
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	The Constitution, article 16:		The Constitution, article 16:

	3. Every person detained, arrested and accused of committing a crime shall have the right to the		3. Every person detained, arrested and accused of committing a crime shall have the right to the
	assistance of a lawyer (defender) from the moment of detention, arrest or accusation.		assistance of a lawyer (defender) from the moment of detention, arrest or accusation.

	CPCKZ, article 14:		CPCKZ, article 14:
	3. Any person detained shall be immediately notified of the reason of detention, as well as in the		3. Any person detained shall be immediately notified of the reason of detention, as well as in the
	commission of what offence under the criminal law, he (she) is suspected.		commission of what offence under the criminal law, he (she) is suspected.

	CPCKZ, article 26:		CPCKZ, article 26:
	2. The body, conducting the criminal proceedings shall explain to the suspected, accused their		2. The body, conducting the criminal proceedings shall explain to the suspected, accused their
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	The Constitution, article 77 (3):		The Constitution, article 77 (3):

	1) a person is considered to be innocent of committing a crime until his guilt is recognized by the		1) a person is considered to be innocent of committing a crime until his guilt is recognized by the
	court judgment that has entered into legal force;		court judgment that has entered into legal force;
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	The Constitution, article 77 (3):		The Constitution, article 77 (3):

	6) the accused is not obliged to prove his innocence;		6) the accused is not obliged to prove his innocence;

	7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is		7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is
	determined by law. Priests are not obliged to testify against those who confided in them at		determined by law. Priests are not obliged to testify against those who confided in them at
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	CPCKZ, article 26:		CPCKZ, article 26:

	1. The suspect, the accused have the right to defence. They can exercise this right both personally		1. The suspect, the accused have the right to defence. They can exercise this right both personally
	and with the help of a defence lawyer in the manner prescribed by this Code.		and with the help of a defence lawyer in the manner prescribed by this Code.
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	of a crime/s shall have fair trial, correct application of criminal law, and be protected from unlawful		of a crime/s shall have fair trial, correct application of criminal law, and be protected from unlawful
	restriction of their rights and freedoms.		restriction of their rights and freedoms.

	CPCKZ, article 192:		CPCKZ, article 192:
	8. The suspected, the victim shall have the right to appeal against the unjustified delay in the		8. The suspected, the victim shall have the right to appeal against the unjustified delay in the
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	Constitution, article 77, 3:		Constitution, article 77, 3:

	5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation,		5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation,
	do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled		do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled
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	CPCKZ, article 11:		CPCKZ, article 11:

	1. Criminal justice in the Republic of Kazakhstan shall be exercised only by the court.		1. Criminal justice in the Republic of Kazakhstan shall be exercised only by the court.
	Assignment of powers of the court whosoever entails the criminal liability under the law.		Assignment of powers of the court whosoever entails the criminal liability under the law.

	2. No one shall be found guilty of a criminal offence, as well as subjected to criminal		2. No one shall be found guilty of a criminal offence, as well as subjected to criminal
	punishment except by a court decision and in accordance with the law.		punishment except by a court decision and in accordance with the law.

	Article 51:		Article 51:
	2. Any criminal case can only be considered by legitimate, independent, competent and		2. Any criminal case can only be considered by legitimate, independent, competent and
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	of the decision on its appointment. In exceptional cases, this period may be extended by the		of the decision on its appointment. In exceptional cases, this period may be extended by the
	decision of the judge, but not more than thirty days.		decision of the judge, but not more than thirty days.

	5. The main trial must be completed within a reasonable time.		5. The main trial must be completed within a reasonable time.

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	Constitution, article 72:		Constitution, article 72:

	1. The courts consist of permanent judges whose independence is protected by the		1. The courts consist of permanent judges whose independence is protected by the
	Constitution and the law.		Constitution and the law.

	CPCKZ, article 22:		CPCKZ, article 22:
	1. A judge in the administration of justice shall be independent and subject only to the		1. A judge in the administration of justice shall be independent and subject only to the
	Constitution of the Republic of Kazakhstan and the law.		Constitution of the Republic of Kazakhstan and the law.

	2. Any interference in the activities of the court in the administration of justice is prohibited and		2. Any interference in the activities of the court in the administration of justice is prohibited and
	shall be punishable by law.		shall be punishable by law.


	''' Right to Language Interpretation '''		''' Right to Language Interpretation '''
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	''' Right to Habeas Corpus '''		''' Right to Habeas Corpus '''

	CPCKZ, article 14:		CPCKZ, article 14:

	2. Detention and house arrest shall be allowed only in the cases provided by the present Code and		2. Detention and house arrest shall be allowed only in the cases provided by the present Code and
	only with the authorization of the court, with the right of the detainee to appeal to the court or		only with the authorization of the court, with the right of the detainee to appeal to the court or
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	Article 15		Article 15

	1. Everyone shall have the right to life.		1. Everyone shall have the right to life.

	2. No one shall have the right to deprive life of a person arbitrarily. The death penalty is		2. No one shall have the right to deprive life of a person arbitrarily. The death penalty is
	established by law as an exceptional punishment for terrorist offenses involving the death of		established by law as an exceptional punishment for terrorist offenses involving the death of
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	CPCKZ, article 107:		CPCKZ, article 107:

	1. In the course of the pre-trial investigation, the suspect, his/her defense lawyer, legal		1. In the course of the pre-trial investigation, the suspect, his/her defense lawyer, legal
	representative, victim, his/her legal representative, representative, a person whose rights and		representative, victim, his/her legal representative, representative, a person whose rights and

Unknown user: /* Rights of the Accused */

2022-08-18T07:36:10Z

Rights of the Accused

← Older revision		Revision as of 09:36, 18 August 2022
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	1. Human dignity shall be inviolable.		1. Human dignity shall be inviolable.

	2. No one should be subjected to torture, violence, abusive or other treatment and punishment		2. No one should be subjected to torture, violence, abusive or other treatment and punishment
	degrading human dignity.		degrading human dignity.

Unknown user: /* Rights in prison */

2022-08-17T14:56:22Z

Rights in prison

← Older revision		Revision as of 16:56, 17 August 2022
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	1) receipt of information on procedure, conditions of serving a sentence and their changes...;		1) receipt of information on procedure, conditions of serving a sentence and their changes...;

	2) and 3) lodge petitions, applications and complaints;		2) and 3) lodge petitions, applications and complaints;

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	9) mental health care.		9) mental health care.


	2. Allows convicted foreign and stateless persons to communicate with diplomatic representations		2. Allows convicted foreign and stateless persons to communicate with diplomatic representations
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	apply to pregnant women, nursing mothers, single parents, parents with disabled children,		apply to pregnant women, nursing mothers, single parents, parents with disabled children,
	juveniles, and persons with mental and physical disabilities.		juveniles, and persons with mental and physical disabilities.


	== References ==		== References ==

	<references />		<references />

Unknown user: /* Rights and Obligations of Convicted Persons */

2022-08-17T14:56:04Z

Rights and Obligations of Convicted Persons

← Older revision		Revision as of 16:56, 17 August 2022
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	1) receipt of information on procedure, conditions of serving a sentence and their changes...;		1) receipt of information on procedure, conditions of serving a sentence and their changes...;

	2) and 3) lodge petitions, applications and complaints;		2) and 3) lodge petitions, applications and complaints;

← Older revision		Revision as of 09:47, 18 August 2022
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	CPCKZ, article 31:		CPCKZ, article 31:

	1. The actions and decisions of the court and the body for criminal prosecution can be		1. The actions and decisions of the court and the body for criminal prosecution can be
	appealed in the manner prescribed by this Code.		appealed in the manner prescribed by this Code.

	2. Every convicted or acquitted person shall have the right to reconsideration of the sentence		2. Every convicted or acquitted person shall have the right to reconsideration of the sentence
	by a higher court in the manner prescribed by this Code.		by a higher court in the manner prescribed by this Code.
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	more specific grounds for appealing the decision.		more specific grounds for appealing the decision.
	E.g. article 433 lists the grounds of cancelation or change of the sentence:		E.g. article 433 lists the grounds of cancelation or change of the sentence:

	1) one-sidedness and incompleteness of the judicial investigation;		1) one-sidedness and incompleteness of the judicial investigation;

	2) inconsistency of the court’s findings set out in the sentence, decision to the facts of the case;		2) inconsistency of the court’s findings set out in the sentence, decision to the facts of the case;

	3) a material breach of the criminal procedure law;		3) a material breach of the criminal procedure law;

	4) incorrect application of the criminal law;		4) incorrect application of the criminal law;

	5) non-compliance of the punishment to the severity of the criminal offence and the personality		5) non-compliance of the punishment to the severity of the criminal offence and the personality
	of the convicted.		of the convicted.

← Older revision		Revision as of 09:46, 18 August 2022
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	CPCKZ, article 388:		CPCKZ, article 388:

	1. In sentencing, the court resolves the following questions in the deliberation room:		1. In sentencing, the court resolves the following questions in the deliberation room:

	1) whether it is proved that the act in the commission of which the defendant is charged, occurred;		1) whether it is proved that the act in the commission of which the defendant is charged, occurred;

	2) whether the act is a criminal offence, and how exactly it is provided by the criminal law;		2) whether the act is a criminal offence, and how exactly it is provided by the criminal law;

	3) whether it is proved the commission of the act by the defendant;		3) whether it is proved the commission of the act by the defendant;

	4) whether the defendant is guilty of committing the criminal offence;		4) whether the defendant is guilty of committing the criminal offence;

	5) whether there are circumstances, mitigating or aggravating his (her) liability and punishment;		5) whether there are circumstances, mitigating or aggravating his (her) liability and punishment;

	6) whether the defendant is subject to punishment for the commission of the criminal offence;		6) whether the defendant is subject to punishment for the commission of the criminal offence;

	7) what punishment should be imposed to the defendant;		7) what punishment should be imposed to the defendant;

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	judge/s, who may terminate the criminal case, and decide on the application to the defendant of		judge/s, who may terminate the criminal case, and decide on the application to the defendant of
	compulsory medical measures.		compulsory medical measures.

	Article 393 describes the judgement on conviction and the following article 394 on acquittal of the		Article 393 describes the judgement on conviction and the following article 394 on acquittal of the
	defendant.		defendant.

← Older revision		Revision as of 09:43, 18 August 2022
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	Constitution, article 77, 3:		Constitution, article 77, 3:

	9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely		9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely
	on the basis of his own confession.		on the basis of his own confession.

	CPCKZ article 10:		CPCKZ article 10:

	3. Violation of the law by the court, the bodies of criminal proceedings in the criminal proceedings		3. Violation of the law by the court, the bodies of criminal proceedings in the criminal proceedings
	is inadmissible and entails liability under the law, annulment of illegal acts and their abolition.		is inadmissible and entails liability under the law, annulment of illegal acts and their abolition.
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	CPCKZ, article 30:		CPCKZ, article 30:

	3. The persons, involved in the case who do not know or have insufficient command of the		3. The persons, involved in the case who do not know or have insufficient command of the
	language in which the proceedings are conducted, shall be explained and ensured the right to		language in which the proceedings are conducted, shall be explained and ensured the right to
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	acquainted with the case, appear in court in their native language or another language which they		acquainted with the case, appear in court in their native language or another language which they
	know, use free of charges the services of an interpreter in the manner prescribed by this Code.		know, use free of charges the services of an interpreter in the manner prescribed by this Code.

	Article 64:		Article 64:

	9. The suspected shall have the right [among other things] to: 11) make applications, including on		9. The suspected shall have the right [among other things] to: 11) make applications, including on
	the adoption of security measures, and disqualifications.		the adoption of security measures, and disqualifications.

	Article 70:		Article 70:

	2. The defense counsel shall have the right to: 6) present petitions, including on the adoption of		2. The defense counsel shall have the right to: 6) present petitions, including on the adoption of
	security measures.		security measures.
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	Criminal Code of the republic of Kazakhstan (CCKZ) article 342:		Criminal Code of the republic of Kazakhstan (CCKZ) article 342:

	1. Contempt of a court, that manifested in the insult to the participants of the court proceedings is		1. Contempt of a court, that manifested in the insult to the participants of the court proceedings is
	punished by a fine ranging from one hundred to two hundred monthly calculation indices, or the		punished by a fine ranging from one hundred to two hundred monthly calculation indices, or the
	involvement in the community service for a period from one hundred eighty to two hundred forty		involvement in the community service for a period from one hundred eighty to two hundred forty
	hours, or with the restraint of liberty for a period up to one year.		hours, or with the restraint of liberty for a period up to one year.

	2. The same offence, that manifested in the insult to a judge and (or) a juror is punished by a fine		2. The same offence, that manifested in the insult to a judge and (or) a juror is punished by a fine
	ranging from two hundred to five hundred monthly calculation indices, or with the corrective labor		ranging from two hundred to five hundred monthly calculation indices, or with the corrective labor